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Section 102: Persons to be searched may require to be taken before gazetted officer of customs or magistrate

The Customs Act, 1962*Union territory Act of Chandigarh · Act 52 of 1962

(1) When any officer of customs is about to search any person under the provisions of section 100 or section 101, the officer of customs shall, if such person so requires, take him without unnecessary delay to the nearest gazetted officer of customs or magistrate.

1. Ins. by Act 13 of 2018, s. 90 (w.e.f. 28-3-2018).

2. Subs. by Act 25 of 2014, s. 78, for ―Commissioner of Customs‖ (w.e.f. 6-8-2014).

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(2) If such requisition is made, the officer of customs may detain the person making it until he can bring him before the gazetted officer of customs or the magistrate.

(3) The gazetted officer of customs or the magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.

(4) Before making a search under the provisions of section 100 or section 101, the officer of customs shall call upon two or more persons to attend and witness the search and may issue an order in writing to them or any of them so to do; and the search shall be made in the presence of such persons and a list of all things seized in the course of such search shall be prepared by such officer or other person and signed by such witness.

(5) No female shall be searched by any one excepting a female.

Where this provision sits

ActThe Customs Act, 1962*
Section102
Marginal notePersons to be searched may require to be taken before gazetted officer of customs or magistrate
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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